Squatters’ rights and adverse possession in Arizona create real headaches for landlords. Just imagine someone slipping into a vacant Phoenix duplex, settling in, and even trying to claim ownership. Landlords must take swift, decisive action to prevent these unauthorized residents from gaining a foothold.
In this guide, we’ll explore the differences between squatters and trespassers, key Arizona adverse possession laws, and how you can protect your property. Keep reading to learn how to address squatter issues before they escalate.
What is a squatter?
A squatter enters and resides on a property without the owner’s permission or a valid lease agreement. Squatters take over space they never rented or paid for and can even claim ownership of the property, requiring landlords to act quickly before the situation escalates.
Picture someone strolling into an unoccupied Mesa home, changing the locks, and claiming the right to stay. That person counts as a squatter because they never signed a lease, paid rent, or otherwise gained lawful possession from the original owner.
Key Differences Between Squatters and Trespassers
Understanding the differences between squatters and trespassers is crucial because each situation demands a different response. This guide from TenantCloud provides further details.
Squatters
- Move into a property and stay for an extended period of time without the owner’s consent.
- Attempt to establish legal rights or even property ownership.
- Can only be removed via the complete Arizona eviction process.
Trespassers
- Enter a property without permission, but leave soon after.
- Show no interest in claiming a property or building a case for legal residency.
- Can be removed immediately by law enforcement once discovered.
Squatters settle in and seek to retain control of a property, while trespassers enter briefly and leave quickly. Each situation calls for different steps and different legal tools.
What are squatters’ rights?
Squatters’ rights in Arizona describe the limited legal protections a person may claim after living on a property without permission for an extended period. Squatters can even use these rights to gain legal ownership of a property through a process known as adverse possession.
These rules create real risks for landlords, because long-term, unchallenged occupancy of a property can strengthen a squatter’s argument for possession. Pay close attention to your rentals and act quickly to prevent unauthorized occupants from gaining a claim.
Can a squatter actually claim legal rights to a property?
As shocking as it sounds, squatters can claim legal rights to a property after an extended period of occupancy. The process requires strict proof and often fails, though, so Arizona landlords can easily prevent adverse possession claims by keeping a close eye on their properties.
Adverse Possession Laws in Arizona
Adverse possession in Arizona gives an unauthorized resident the legal means to take ownership from the titled owner. To qualify for a claim of adverse possession, a squatter’s residence must be:
Actual: The squatter must live on the property and treat it as an owner would, such as by conducting property maintenance or receiving mail.
Open and notorious: The squatter must live on the property openly, in such a way that any reasonable owner or passerby could notice.
Hostile: The squatter must treat the property as their own despite the actual owner’s legal rights.
Exclusive: The squatter must control the property alone and cannot share it with the original owner or other squatters.
Uninterrupted: The squatter must hold the property continuously, without interruptions, for a set period of time. Arizona generally requires 3 or 10 years, depending on the circumstances.
Supporting law: Arizona Revised Statutes § 12-526, § 12-525
Occupancy Time Requirements for Adverse Possession
Adverse possession in Arizona requires extended, uninterrupted occupancy before a squatter can file a claim to ownership. Squatters must be able to prove 10 years of continuous possession, or 3 years with color of title and paid property taxes.
Any break in use resets the timeline, destroying the squatter’s claim of possession. For example, a squatter who stays in a Tempe home for only 2 years fails to fulfill this requirement and cannot build a legitimate adverse possession claim.
Supporting law: Arizona Revised Statutes § 12-526, § 12-525
Does the squatter need to have a color of title to claim adverse possession?
A color of title describes a document of ownership that appears valid but carries a legal defect. For instance, someone might purchase a flawed deed to a house from an unlicensed seller and assume that they now own the property.
Arizona does not necessarily require a squatter to hold color of title for an adverse possession claim. Holding a color of title and paying property taxes shortens the required occupancy period from the typical 10 years to 3 years.
Supporting law: Arizona Revised Statutes § 12-526, § 12-525, § 12-523
Does the squatter have to pay property taxes for adverse possession in Arizona?
Arizona does not require squatters to pay property taxes to claim adverse possession, although tax payments can shorten the timeline when paired with other factors. Read about Arizona’s property tax laws to learn more.
Paying property taxes can shorten the required occupancy period for adverse possession in Arizona, but only when the squatter also holds color of title. Landlords should always stay current on tax payments to avoid ownership disputes and liens.
Supporting law: Arizona Revised Statutes § 12-526, § 12-525
How to Legally Remove Squatters from Your Property
If you discover a squatter on your Arizona property, you’ll need to take specific steps to regain possession and remove your unauthorized occupant. Here’s how:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe doing so, try resolving the issue directly with the squatter to avoid a lengthy, costly eviction. You could offer the squatter a cash-for-keys agreement, negotiate a specified move-out date, or even help the person relocate.
Important: Never attempt to remove a squatter yourself. Self-help eviction is illegal in all 50 states and carries severe penalties, including fines and a potential dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
If you can’t speak with the squatter yourself, ask local law enforcement to visit the property and assess the situation. Officers might classify the unauthorized occupant as a trespasser, and if they do, they can remove them immediately and restore possession to you.
Step 3: Serve the Squatter a 5-Day Notice to Quit
If these steps fail, you’ll have no choice but to start the civil eviction process. Serve the squatter with a 5-Day Notice to Quit, which orders the squatter to leave before you file a lawsuit for eviction.
Step 4: File a Forcible Entry and Detainer Complaint Against the Squatter
Should the squatter remain on the property, you’ll next file a Forcible Entry and Detainer Complaint in the Justice Court or Superior Court local to your Arizona rental. This action starts the formal Arizona eviction process and informs the squatter of the court date for your hearing.
Step 5: Present Your Case in Front of a Judge
During the hearing, bring strong evidence of squatting to strengthen your case in front of the judge and show clear proof of unauthorized occupancy. You can bring items like:
- Photos showing signs of forced access to the property
- Utility bills, tax records, and other ownership documents in your name
- Statements from neighbors and property managers regarding suspicious activity
- Documentation of prior efforts to communicate with the squatter
The squatter will also present evidence in their defense, which may include proof of long-term occupancy or a color of title. The judge will then review all evidence before deciding on possession of the property.
Step 6: Obtain a Writ of Restitution, Authorizing Removal of the Squatter
If the judge rules in your favor, they will enter an Eviction Judgment for Possession, allowing you to request a Writ of Restitution. This document authorizes an Arizona constable or sheriff to remove the squatter and return your rental property to you.
The court allows the squatter 5 days to appeal the judgment before issuing the writ. After those 5 days, the constable or sheriff will serve the notice and record proof of service. The squatter typically gets a short window to leave voluntarily before law enforcement returns to forcibly remove them.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
Armed with a Writ of Restitution, law enforcement can remove the squatter and return your property to you. Arizona law requires landlords to store any abandoned belongings for at least 14 days, after which time you can dispose of the items.
As soon as the squatter is on their way, secure your property immediately. Change your locks and plan on frequent inspections to prevent future issues.
By now, you should have a good idea of how to remove squatters from your property. Let’s move on to practical tips that help you prevent squatters from gaining ground.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to keep them from moving into your property in the first place. Follow these suggestions to keep your Arizona rental safe.
Inspect the property regularly: Visit the property often, especially during vacancies, so you can spot unauthorized activity quickly and show that you keep a close eye on your property.
Install security cameras: Place visible cameras at access points to deter break-ins and provide solid evidence if someone tries to occupy your property without permission.
Act quickly against trespassers: Call law enforcement immediately if someone enters your property without permission. Quick action prevents a simple trespass from becoming a long-term squatting situation.
Secure all entry points: Lock every door and window, reinforce weak spots, and change the locks after each tenancy to prevent squatters from entering.
Maintain the property: Keep the property’s exterior trimmed and clear of debris. A well-kept property signals active ownership and discourages anyone from assuming that it’s abandoned.
Fill vacancies quickly: Empty properties attract trouble, so use tools like TurboTenant to advertise your vacant rental units and find tenants quickly.
Screen future tenants thoroughly: To ensure you rent to reliable tenants, conduct thorough background screenings before signing a new lease. You can check renters’ criminal, credit, and eviction history through digital platforms like TurboTenant.
Digital Tools to Help Landlords Thwart Squatters
Squatters’ rights and adverse possession in Arizona can seem overwhelming. But using the right digital tools will help you stay ahead of problems and protect every rental you own.
Use cutting-edge property management software like TurboTenant to track vacancies and schedule routine inspections, so squatters never gain a foothold on your property.
TurboTenant streamlines all aspects of property management in one place. Create your free account today to strengthen your property against unwanted occupants.
FAQs: Squatters’ Rights & Adverse Possession Laws in Arizona
How long does it take a squatter to claim property rights in Arizona?
In Arizona, a squatter must occupy a property continuously for between 3 and 10 years to claim property rights, depending on factors such as a color of title and property taxes. Their residence must also be open, hostile, actual, and exclusive to qualify for adverse possession.
Can landlords remove squatters legally without taking legal action?
No, Arizona landlords must follow the formal eviction process even when someone occupies their property without permission. You cannot force squatters out, and attempting to do so can lead to serious legal consequences.
What’s the difference between a squatter and a holdover tenant?
A squatter enters and lives in a property without permission or a lease, while a holdover tenant once had a valid lease but refuses to leave the property after the agreement ends. Arizona law requires landlords to remove both unauthorized occupants through the court system.
Can a landlord turn off power or change locks to remove a squatter?
No, Arizona law bans self-help eviction methods, such as turning off the power or changing the locks. Only a court-ordered eviction and a law enforcement officer can remove a squatter legally and safely from your property.